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The Amendments To The Law On Bailiffs

Original Language Title: Grozījumi Tiesu izpildītāju likumā

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The Saeima has adopted and the President promulgated the following laws: the law on bailiffs do court bailiffs Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2003; 2004, nr. 23, 20; 2005, nr. 21. No; 2006, 2. no) the following amendments: 1. in article 13: (4) be expressed as follows: "4) against which criminal proceedings for the purpose of committing a crime on an end reabilitējoš;";
make paragraph 6 by the following: "6) which, on the basis of the decision of the disciplinary procedure, cancel from the sworn bailiff or his mate, excluded from the Attorney or his Assistant or canceled from sworn notary or his mate, cancelled from the judges, sacked from the public prosecutor, while the respective disciplinary decision taken on the date of its entry into force does not five years;".
2. Express article 18, second subparagraph by the following: "(2) the examining board by order of the Minister of Justice shall also adopt a sworn bailiff regular qualifying examination (hereinafter examination) (32.1) and emergency examination (rule 70)."
3. Supplement title III with the third chapter of the following: "chapter three sworn bailiff qualifying examination article 32.1. (1) the sworn bailiff in accordance with the procedure laid down in this Act not less frequently than once every five years (counting from the date of appointment or the previous qualifying examination days) sorts the qualifying examination.
(2) on the basis of a sworn bailiff motivated submissions, the Minister of Justice may decide on the qualifying examination the sort extension for a period up to the next qualifying examination capabilities.
Article 32.2. Examination of the examining board verifies the sworn bailiff theoretical knowledge (also control of the laws) necessary to perform the sworn bailiff duties, as well as the application of this knowledge.
32.3. The Minister of Justice shall decide on the organisation of the qualification exam and exam day advertised in a newspaper "journal" for at least a month before the exam.
Article 20.1. Qualifications exam held not less than once a year. Decision on the organisation of the qualification examination and its developments the day adopted by the Minister of Justice on their own initiative or at the Latvian Council of sworn bailiffs ' Council proposal. The qualification exam is organised and its progress provides the Latvian Council of sworn bailiffs ' Council.
32.5. On examination the sort does not have to pay.
Article 20.3. (1) the examination procedures for the areas that are tested certified bailiff's knowledge and skills, as well as the order of evaluation is determined by the Cabinet of Ministers.
(2) the Latvian Council of sworn bailiffs ' Council shall prepare proposals to the examination questions. Before the examination by the Minister of Justice from the proposed choice of examination questions and approved.
Article 32.7 (1) examining the Commission's decision concerning the examination results submitted for approval to the Minister of Justice. The Minister of Justice examination confirms the Commission's decision within seven days from the date of receipt of the decision. The examination Commission decision shall enter into force on the day on which the Minister of Justice approved it.
(2) the qualifying examination irregularities of the agenda, the Minister of Justice does not endorse a decision by the examining, but immediately take a decision on a new qualification exam. Repeated examination held not later than one month from the date of the decision on a new qualification exam.
Article 20.4. (1) the sworn bailiff who does not pass a qualifying examination, the round no later than six months (counting from the initial qualifying exam result date of approval), but, if during that time the Minister of Justice decides on the organisation of a qualifying examination,-organisation of the next qualifying examination.
(2) if the sworn bailiff, again sorting the qualification exam, obtained negative ratings, the Minister of Justice shall take a decision in accordance with this law, article 92, first paragraph, paragraph 6. "
4. Express article 40 the following: ' article 40. Sworn bailiff requirements and orders issued by the courts and other institutions related to the execution of the activities, posts are binding on all persons in the territory of the country. "
5. Supplement article 52 the second part with point 3 and 4 by the following: "3) Ministry of justice-it the statutory functions;
4) the Latvian Council of sworn bailiffs ' Council-including the statutory tasks. "
6. Replace article 53 in the first paragraph, the word "non-compliance" with the words "substantial irregularity which caused harm to the public or the interests of private persons".
7. the express 54. the second subparagraph by the following: "(2) the Latvian Council of sworn bailiffs ' Council on the first paragraph of this article breaches is right, but upon this law, article 65, paragraph 4 of the decision of the disciplinary Commission, the obligation to explain to the jury-bailiff for his action."
8. Express article 55 the following: ' article 55. (1) if the bailiff has obtained the rights of the defence in criminal proceedings for the criminal offence committed intentionally (intentionally), deciding on the question of the disciplinary proceedings and the court bailiff to disciplinary action is postponed until the entry into force of the legal process, the final ruling of the promoters the same sworn bailiff action recognition illegal.
(2) from the time when the Minister of Justice, his authorized person or the Latvian Council of sworn bailiffs from the process of transforming the Council received information on the first paragraph of this article, the conditions of this law article 56 and the third subparagraph of article 65 of the purposes of the statutory period is suspended. "
9. the express 54. the third paragraph of article as follows: "(3) the Minister of Justice or the Latvian Council of sworn bailiffs ' Council 30 days from the sworn bailiff's written explanation or the date of receipt of the written explanation of the delivery deadline to decide the question of disciplinary action."
10. Article 57: Supplement to the second part of the article as follows: "(2) from the time when the Minister of Justice, his authorized person or the Latvian Council of sworn bailiff of the Court the Council received information on the first paragraph of this article, the conditions of this law article 56 and the third subparagraph of article 65 of the purposes of the statutory period is suspended.";
believe the current text of the first part of the article.
11. the express 54. the first paragraph by the following: "(1) the Court shall notify the Minister of Justice and the Latvian Council of sworn bailiffs ' Council on complaints filed in connection with the sworn bailiff's activities, as well as send for them given the ruling of the transcripts. Criminal proceedings shall inform the Minister of Justice and the Latvian Council of sworn bailiffs ' Council of cases where criminal proceedings launched against sworn court bailiffs and it acquired the procedural rights of the defence, the sworn bailiff recognized the suspects or face criminal prosecution, or subject to security feature-occupation. "
12. Supplement article 65 with paragraph 4 by the following: "4) not to apply the disciplinary action and the decision to send the Latvian Council of sworn bailiffs ' Council, to explain to the jury bailiff in his action."
13. the third paragraph of article 66: Express (1) of the following: "If the disciplinary Commission 1), assessing the nature of the infringement and the disciplinary consequences, sworn bailiff's degree of guilt in the offence, as well as news that characterized previous work sworn bailiff, believes that the particular case is applicable to disciplinary action – abolition of post;"
2. turn off the point.
14. Add to article 69, after the word "of" with the words "pending a final ruling on entry into force".
15. Article 70 of the expression as follows: "article 70. If the sworn bailiff for two years from the date of imposition of disciplinary actions are imposed disciplinary action on the sworn bailiff action law governing serious irregularity, the Minister of Justice six months from the date of imposition of disciplinary actions in order for emergency examination of this determination to the jury bailiff. The emergency examination the sort does not free up sworn court bailiffs from the obligation to sort this law, in article 32.1 Qualification exam. "
16. off the third subparagraph of article 72.
17. Article 92, first paragraph: make paragraph 1 by the following: "1) within the time limits laid down in this law who has not entered into a contract of insurance (article 35);";
make paragraph 5 by the following: "5) who has not passed the emergency examination;"
Add to part with point 6 in the following wording: "6 which is not sorted) qualifying exam or, again sorting the examination, received a negative assessment."

18. Article 100 of the Present third paragraph as follows: "(3) a sworn bailiff's Assistant exam schedule and the amount of knowledge required is determined by the Cabinet of Ministers. The Minister of Justice after the Latvian Council of sworn bailiffs ' Council proposal confirms exam questions. "
19. off 123. Article, the words "and established the elected Latvian sworn bailiff, the number of the members of the Council".
20.127. Article: adding to paragraph 10, after the word "Chairman" with the words "or of the Minister of Justice";
to supplement the article with the following paragraph 12: ' 12) upon this law, article 65, paragraph 4 of the decision, explaining the jury bailiff for his action. "
21. Article 156 of the expression as follows: "article 156. Use the nomenclature and the storage time limits, as well as the sworn bailiff records and statistical accounting procedures established by the Cabinet of Ministers. "
22. transitional provisions be supplemented with 20, 21, 22 and 23 points as follows: "Cabinet of Ministers 20 before July 1, 2008. manages this law article 32.6 provisions referred to in the first paragraph.
21. Title III of this law, the third chapter rules and other provisions of this law, which regulates the sworn bailiff regular examination and emergency examination, applicable from 1 July 2008.
22. The regular examination in all court bailiffs who had sworn in until January 1, 2004. Court bailiffs who had sworn after January 1, 2004, the regular qualifying exam first time round no later than this law 32.1 the first subparagraph within the time limit.
23. the court bailiffs, included in the examination Commission and pursuant to the transitional provisions of paragraph 22 is the examination of the validity of the sort sorts the examination next year. " The law adopted by the Parliament in the 2007 20 December. President Valdis Zatlers in Riga V 2008 January 9